Fruehauf Corp. v. Lakeside Chevrolet Co.

Cross-complainant Fruehauf Corporation appeals from a declaratory judgment in favor of cross-defendant Lakeside Chevrolet Company, holding that Lakeside is not liable to Fruehauf for equitable contribution or indemnity.

I

Plaintiffs Sharon Berry and David Gutierrez filed a complaint against Power Tool & Supply Company (hereinafter referred to as Power Tool), John A. Zettel, and Fruehauf Distributing Company (hereinafter Fruehauf), alleging negligence and strict liability. The complaint alleged that, on January 7, 1976, plaintiffs’ automobile was struck by a trailer which had become detached from its towing vehicle. The complaint alleged that the trailer was owned by Power Tool, driven by Zettel, and manufactured by Fruehauf. The complaint also alleged that the accident occurred because the trailer was operated with improper safety chains and without breakaway brakes.

Fruehauf answered the complaint and filed a cross-complaint for equitable contribution and indemnity against Lakeside Chevrolet Company (hereinafter referred to as Lakeside), from whom Fruehauf had purchased the trailer. A similar cross-complaint for indemnity was filed against Lakeside by Zettel and Power…